If I am already in the US, can I still change to L-1 status?

Quite frequently, the transfer of employees has to happen on relatively short notice. Since the petition process for a work visa can be several weeks long, companies often have to resort to a temporary solution.

Many companies choose to send the employee to the US company under the B-1 status until the L-1 status can be approved. It is important to point out, though, that the B-1 visa is not a work permit. It merely allows the employee to attend meetings or negotiations at the US office.

If the employee is in the US already and holding a valid visa, a status change to the L-1 category is possible. The employee does not have to leave the country.

It is, however, not possible to apply for a work permit if the employee is traveling visa-free. Also, not all status changes within different categories are possible.

The change of status application is to be submitted to the appropriate USCIS service center along with the L-1 petition.

Please note that it is not advisable to leave and re-enter the country before your H-1B visa has been approved. The USCIS only approves the H-1B status, it does not issue the visa. This can only be done by the US consulate in your home country.

Changing the status is NOT the same as having been issued a visa. If you leave the US and try to re-enter without a valid visa, admission into the country will be denied.

As opposed to other nonimmigrant visas, the H-2B can also be applied for at US consulates in adjacent countries like Mexico or Canada. Otherwise you usually apply at a US consulate in your home country.